Downey, CA asked in Divorce for California

Q: I am getting married and my fiance is married but been separated for over 10 years, is he legally divorced without pape?

My fiance has been separated from his wife more than 10 years and he cannot find her and she doesn't want him to find her. He says he is legally divorced because its been so long

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1 Lawyer Answer
Andy Chen
Andy Chen
Answered
  • Modesto, CA
  • Licensed in California

A: Your fiance is wrong. He isn't divorced until he has a court paper signed by a judge stating that he is restored to the status of a single person. Other wise, your marriage to him will be bigamous and you may not have a lot of the rights that you should have as his spouse.

It doesn't matter whether he can or can't find his wife now. He can still get divorced now, even if she doesn't want him to find her. It is also possible that she got a divorce during the 10 years so your fiance may be single and not even know it.

Andy

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